45. Administration report.—As soon as may be after the first day of April in every year and not
later than such date as may be fixed by the Central Government, the Board shall submit to the Central
Government a detailed report of the administration of the Board during the preceding year ending on
the thirty-first day of March, in such form as the Central Government may direct.
46. Power of Central Government to order survey or examination of works of Board.—The
Central Government may, at any time, order a local survey or examination of any works of the Board,
or the intended site thereof and the cost of such survey and examination shall be borne and paid by the
Board from and out of the monies credited to its general account.
47. Power of Central Government to restore or complete works at cost of Board.—(1) If, at
any time, the Central Government is of the opinion that the inaction by any Board in repairing,
completing, restoring, carrying out or providing any work or appliance mentioned in sub-section (2)
has led to a grave emergency, the Central Government may cause such work to be restored or
completed or carried out, or such repairs to be carried out or such appliance to be provided and the
cost of any such restoration, completion, construction, repair or provision shall be paid by the
concerned Board from and out of the monies credited to its general account.
(2) The following actions or omissions may be considered to have led to grave emergency under
sub-section (1), if any Board—
(a) allows any work or appliance constructed or provided by, or vested in, the Board to fall into
disrepair; or
(b) does not, within a reasonable time, complete any work commenced by the Board or
included in any estimate sanctioned by the Central Government; or
(c) does not, after due notice in writing, proceed to carry out effectually any work or repair or
provide any appliance which is necessary in the opinion of the Central Government for the
purposes of this Act.
48. Power of Central Government to take over management of Board.—(1) If, at any time, the
Central Government is of the opinion--
(a) any Board is unable to perform the duties imposed on it by or under the provisions of this
Act or of any other law for the time being in force; or
(b) that any Board has persistently made defaults in performance of the duties imposed upon it
by or under the provisions of this Act or of any other law for the time being in force and as a result
of such default, the financial position or the administration of that Board has greatly deteriorated,
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the Central Government may, by notification, take over the management of that Board for such
period, not exceeding twelve months at a time, as may be specified in the notification:
Provided that before issuing a notification under this sub-section for the reasons mentioned in
clause (b), the Central Government shall give a reasonable time of not less than three months to the
Board to show-cause why its management should not be taken over and shall consider the
explanations and objections, if any, of that Board.
(2) Upon the publication of a notification under sub-section (1) for taking over the management of
the Board, —
(a) all the Members of the Board shall, as from the date of taking over, stand removed from
their respective office or position in the Board;
(b) all the powers and duties which may, by or under the provisions of this Act or of any other
law for the time being in force, to be exercised or performed by or on behalf of the Board, shall be
exercised and performed by such person or persons as the Central Government may direct in this
behalf until the Board is reconstituted under clause (b) of sub-section (3);
(c) all property vested in the Board shall, until the Board is reconstituted under clause (b) of
sub-section (3), vest in the Central Government.
(3) On the expiration of the period of taking over specified in the notification issued under
sub-section (1) or at any time prior to such expiration, the Central Government may, by
notification,.—
(a) extend the period of taking over the management of the Board for such further term, not
exceeding twelve months, as it may consider necessary; or
(b) re-constitute the Board by making fresh appointment to all posts of the Board on such
terms and conditions as the Central Government may consider necessary, and in such case, any
person who stand removed from their offices under clause (a) of sub-section (2) shall be
deemed disqualified for appointment.
49. Laying of report.—For any action or actions taken under sections 47 and 48 and any
notification issued under section 48, the Central Government shall prepare and cause a full report of
any such action or actions and notification and the circumstances leading to such action to be laid
before each House of Parliament.
50. Power of Central Government to exempt from obligation to use port
assets.—Notwithstanding anything contained in this Act, the Central Government may, in the interest
of security of the nation or on account of a grave emergency, by general or special order, from time to
time, permit certain specified vessels or classes of vessels to discharge or ship goods or certain
specified goods or classes of goods, at such place in a Major Port or within the Major Port
approaches, in such manner, during such period and subject to such payments to the concerned Board
in relation to such Major Port or such Major Port approaches and on such conditions as the Central
Government may think fit.
51. Board not to sell, alienate or divest its assets, properties, rights, powers and
authorisations without sanction of Central Government.—The Board shall not sell, alienate or
divest its assets, properties, rights, powers and authorisations vested in it under this Act without the
prior sanction of the Central Government.
52. Remedies of Government in respect of loans made to Board.—(1) The Central Government
or a State Government, from the date of commencement of this Act, shall have, in respect of loans
made by it to the Board or of loans made to any other authority for the repayment of which the Board
is legally liable on such commencement, the same remedies and priority as applicable under the Major
Port Trusts Act, 1963 (38 of 1963) as if this Act had not been passed.
(2) For prospective loans by the Central or State Governments or of loans made by any other
authority, the remedies would be the same as available to the holders of port securities issued by the
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Board unless priority or greater rights are granted by the Board in respect of such loans within the
respective loan agreements.
53. Power of Central Government to issue directions.—(1) Without prejudice to the foregoing
provisions of this Chapter, the Board shall in discharge of its functions under this Act, be bound by
such directions on question of policy as the Central Government may give in writing from time to
time:
Provided that the Board shall be given an opportunity to express its views before any direction is
given under this sub-section.
(2) The decision of the Central Government on whether a question is one of the policy or not shall
be final and binding on the Board.